"Solicitor General John Sauer pointed out the irony of Kagan's characterization: the modern 'consensus' that Wong Kim Ark settled these questions is the revisionist interpretation. The federal government only definitively adopted this view of Wong Kim Ark in the 1930s."
"Much of the prevailing modern assumption about 'universal' birthright citizenship is based on a revisionist interpretation. The view exists as the 'consensus' today only because it won out in a hostile takeover."
President Trump's executive order on birthright citizenship faced criticism, with terms like racist and revisionist used against it. Justice Elena Kagan's remarks during Supreme Court arguments were countered by Solicitor General John Sauer, who argued that the modern consensus on birthright citizenship is a revisionist interpretation. He noted that the definitive view on Wong Kim Ark was adopted in the 1930s, influenced by a single State Department official, and that the original understanding of the Fourteenth Amendment's Citizenship Clause was more limited than current interpretations suggest.
#birthright-citizenship #trump-administration #supreme-court #legal-interpretation #fourteenth-amendment
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